Can my employer deny my vacation because Im pregnant?

UPDATED: Oct 1, 2022

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Can my employer deny my vacation because Im pregnant?

I have a vacation coming up in August and my
employer is saying I cannot take my PTO because I
am pregnant and should save my time for FMLA.
The hr director said our system wasnt designed to
have staff take vacations and use FML.

Asked on July 16, 2018 under Employment Labor Law, Iowa


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you have indicated that you will be taking maternity leave (such as under the Familty and Medical Leave Act or FMLA) within the next several months, they can deny your vacation. Employers have considerable discretion to deny vacations, or require employees to schedule them for another time, in the interest of managing workflow, coverage and attendence, etc. If you going to be taking time for maternity leave, they don't need to also let you miss yet more time from work for a vacation, since doing so can present a hardship for the employer in terms of staffing, getting work done, etc.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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